Bill Text: HI SB1264 | 2017 | Regular Session | Amended
Bill Title: Relating To Security Guards.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2017-07-11 - Act 160, 07/10/2017 (Gov. Msg. No. 1261). [SB1264 Detail]
Download: Hawaii-2017-SB1264-Amended.html
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THE SENATE |
S.B. NO. |
1264 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO SECURITY GUARDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 463-10, Hawaii Revised Statutes, is amended to read as follows:
"§463-10 Licenses; fees; [biennial]
triennial renewal of licenses; inactive license. (a) The license
shall state the name and address of the principal office or place of business
of the licensee, the name under which the licensed business is to be conducted,
and the name of the principal detective or principal guard, if the licensee is
a detective agency or guard agency.
(b) The [biennial] triennial
renewal fee and compliance resolution fund fees, or the inactive license fee,
shall be paid to the board on or before June 30 [of each even-numbered year.]
of the year the license expires. These fees shall be as provided in rules
adopted by the director pursuant to chapter 91. The failure, neglect, or
refusal of any licensee to pay these fees and to submit all documents required
by the board on or before June 30 [of each even‑numbered year] shall
result in the automatic forfeiture of the licensee's license.
(c) A forfeited license may be restored upon written application within one year of the date of expiration and upon submittal of all required documents, fees, delinquent fees, and a penalty fee.
(d) Upon written request by a licensee, the
board may place that licensee's active license on an inactive status. The
licensee, upon payment of the inactive license fee, may continue on inactive
status for the [biennial] triennial period. A licensee may renew
an inactive license upon notification to the board. The failure, neglect, or
refusal of any licensee on inactive status to pay the inactive license fee
shall result in the automatic forfeiture of the licensee's license. While on
inactive status, a licensee shall not be engaged in the practice of a private
detective, guard, or agency. Any person who violates this prohibition shall be
subject to discipline under this chapter and the board's rules. The license
may be reactivated at any time by filing an application for reactivation with
the board and:
(1) Fulfilling all requirements established by the board, including the payment of the appropriate fees the licensee would have paid had the licensee continued to maintain the license on an active status; and
(2) Providing any information regarding any arrest or conviction of any crime that reflects unfavorably on the fitness of the licensee to engage in the profession, and information that the licensee, while on inactive status, has suffered a psychiatric or psychological disorder that is directly related and detrimental to the licensee's performance in the profession.
The board may deny an application for reactivation as provided in its rules.
(e) For the purposes of this chapter, the dishonoring of any check upon first deposit shall constitute a failure to meet the fee requirements."
SECTION 2. Section 463-10.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Effective July 1, 2013, all guards,
and all agents, operatives, and assistants employed by a guard agency, private
business entity, or government agency [who act] that acts in a
guard capacity shall apply to register with the board, and meet the following
registration, instruction, and training requirements [prior to acting as a
guard:] within thirty days from the first day of employment:
(1) Be not less than eighteen years of age;
(2) Possess a high school education or its equivalent; provided that the applicant may satisfy the requirements of this paragraph by attesting that the applicant has proof of a high school education or its equivalent;
(3) Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession; and
(4) Not have been
convicted in any jurisdiction of a crime which reflects unfavorably on the
fitness of the individual to act as a guard, unless the conviction has been
annulled or expunged by court order; provided that before the first day of
employment the individual shall [submit to a] successfully
complete a criminal history record check in accordance with section 846-2.7,
which includes fingerprinting, and a criminal history record check conducted by
the Federal Bureau of Investigation or other national criminal
history record check as authorized by federal law, including but not limited to
the Private Security Officer Employment Authorization Act of 2004, and
specified in the rules of the board.
The board shall determine whether an individual qualifies for registration pursuant to this subsection."
2. By amending subsection (c) to read:
"(c) Guards and individuals acting in a
guard capacity shall successfully complete the minimum number of hours of classroom
instruction [specified by this section,] as established by the board,
pass a written test, and undergo four hours of on-the-job training supervised
by an individual who has successfully completed all of the requirements of this
section or who has otherwise been approved by the board for on-the-job
training. [Guards] The board, by rules adopted in accordance with
chapter 91, shall establish the minimum number of hours of classroom
instruction that guards and individuals acting in a guard capacity shall
successfully complete[:]; provided that the board may require:
(1) [Eight] Up to eight hours of
classroom instruction before the first day of service[; and];
provided that for purposes of this paragraph, "classroom instruction"
includes teleconferencing and other formats that may be approved by the board;
and
(2) [Four] Effective June 30, 2018, up
to eight hours of classroom instruction [biennially thereafter;] at
every triennial license renewal period; provided that in addition to
relevant guard industry material, the required classroom instruction shall
include a refresher component on professional image and aloha training[.];
provided further that for purposes of this paragraph, "classroom
instruction" includes but is not limited to courses that may be presented
in alternate formats, such as videotape, audiotape, digital video disc, remote
place viewing, online computer presentations, teleconferencing, computer
self-study, and other formats that may be approved by the board."
3. By amending subsection (g) to read:
"(g) Prior to the June 30, 2016, renewal
of the guard registration and every registration renewal thereafter, the
applicant shall pay all required fees, and have had at least [four hours of]
the continuing education as specified in this section and in the
rules of the board.
The board may conduct a random audit, pursuant to rules adopted pursuant to chapter 91, of registrants applying for renewal of a registration to determine whether the continuing education requirements of this subsection have been met.
The failure, neglect, or refusal of any registered guard to pay the renewal fee or meet the continuing education requirements shall constitute a forfeiture of the guard's registration. A forfeited registration may be restored upon written application within one year from the date of forfeiture, payment of the required renewal fee plus penalty fees, and meeting the continuing education requirements in effect at the time of restoration."
SECTION 3. (a) The board of private detectives and guards shall conduct a study which:
(1) Reviews the current laws, administrative rules, and procedures currently governing the registration of security guards, including:
(A) Provisions that mandate forfeiture of registration rather than suspension for failure, neglect, or refusal to pay renewal fees or meet continuing education requirements; and
(B) Whether the current registration fees are too high in relation to the median pay of security guards and when compared to the licensing fees of other professions;
(2) Analyzes whether the prices charged by training instructors should be regulated by the Board; and
(3) Analyzes whether security guard agencies should be prohibited from denying their employees from taking outside supplemental employment.
(b) The board of private detectives and guards shall submit its findings and recommendations, including any proposed legislation or amendments to administrative rules and procedures, to the legislature no later than twenty days prior to the convening of the regular session of 2018.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2090.
Report Title:
Security Guards; Licensure; Registration; Renewal; Continuing Education
Description:
Amends the process for registration, license renewal, instruction, and training for security guards. Requires report to Legislature. (SB1264 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
